The Short Answer

In Florida, you typically transfer real estate into a revocable living trust using a deed that names the trust (or the trustee of the trust) as the new owner—most commonly a warranty deed or a quitclaim deed, depending on your title, lender, and risk considerations. The deed must be properly executed (including Florida’s witness requirements) and recorded to effectively place the property into the trust.

What Florida Law Says

Florida law requires a written instrument (a deed) to transfer most interests in real property, and it must be signed with specific formalities. When you are transferring property into a trust, Florida also requires that the conveyance of a “trust or confidence” in land be made by deed with the required witnesses—otherwise it can be invalid.

The Statute

The primary law governing this issue is Fla. Stat. § 689.06.

This statute establishes that grants or conveyances of a trust interest in land must be made by deed that is signed and delivered in the presence of two subscribing witnesses, or the conveyance can be void.

Florida also sets out the general requirement that real estate transfers be in writing and signed with two witnesses. See Fla. Stat. § 689.01.

As for the type of deed, Florida provides statutory forms for common deeds, including the warranty deed (see Fla. Stat. § 689.02) and the quitclaim deed (see Fla. Stat. § 689.025). Which one is appropriate depends on whether you want to convey title with warranties (warranty deed) or without warranties (quitclaim deed), and how your overall estate plan is structured.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict execution requirements: Florida deeds generally must be signed in the presence of two subscribing witnesses (see Fla. Stat. § 689.01), and trust conveyances have their own validity rule (see Fla. Stat. § 689.06). Missing formalities can create title problems later.
• Burden of proof and title risk: A deed that is drafted incorrectly (wrong grantee/trustee language, incomplete legal description, or recording defects) can trigger future disputes—especially after death—when heirs are trying to sell or refinance.
• Exceptions and collateral consequences: Transfers involving homestead, existing mortgages, or family situations can raise issues beyond “just signing a deed.” For example, Florida has specific rules about certain lifetime transfers of homestead interests, including transfers in trust (see Fla. Stat. § 732.4017).

Also, deed transfers can have tax and fee implications. Florida imposes documentary stamp tax on deeds based on “consideration,” which can include certain debt/encumbrances (see Fla. Stat. § 201.02). Whether tax is due in a trust transfer can turn on facts that should be reviewed before recording.

If you’re comparing trust planning options, you may also find these helpful: Do revocable living trusts avoid probate better than a simple will in Florida? and Can joint tenancy with right of survivorship help me avoid probate in Florida?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.